On January 30, 2025, Ecuador’s Constitutional Court dismissed an extraordinary protection action filed by the Warriors for the Amazon, despite previous court orders for the elimination of gas flares. The ruling has been criticized for ambiguity which has enabled non-compliance, prolonging constitutional rights violations. Activists express their intent to continue fighting for justice and environmental protection against ongoing threats in the region.
On January 30, 2025, Ecuador’s Constitutional Court dismissed an extraordinary protection action filed by the “Guerreras por la Amazonia” (Warriors for the Amazon). This group, alongside the Union of People Affected by Texaco’s Oil Operations (UDAPT) and other supportive communities, previously achieved a 2021 court ruling mandating the elimination of gas flares in the Ecuadorian Amazon and reparations for violations of health and environmental rights.
The Warriors for the Amazon sought the enforcement of reparations, particularly concerning the removal of flares situated near populated areas. Amnesty International submitted an amicus curiae to the Court, highlighting the vague definition of “population centres” and how this ambiguity allowed authorities to create an illusion of compliance with the court’s ruling.
The judges of the Constitutional Court’s decision merely extended the violations of constitutional rights for the plaintiffs and those residing in the Amazon region. Although acknowledging insufficient compliance with the prior ruling, the Court dismissed the action based on the assertion that “the right to due process in the guarantee of motivation was not violated,” resulting in a lack of meaningful justice for the Warriors and their communities.
Pablo Fajardo from UDAPT emphasized the significant flaws in the Court’s previous ruling, which allowed various government ministries to evade compliance. He stated, “With their decision, the judges of the Constitutional Court have only prolonged the violation of the constitutional rights of the plaintiffs and the people of the Amazon region.”
Ana Piquer, the Americas Director at Amnesty International, criticized the ruling, stating that it perpetuates gas flaring operations, further endangering the rights of the Warriors and contributing to climate change. She mentioned, “The Ecuadorian Amazon is burning, and with every gas flare that continues to operate, the future grows darker for all.”
In response to the Court’s ruling, the Warriors for the Amazon expressed their unwavering determination to continue their fight. They declared, “We will NOT falter, we will not give up, we will not be beaten. We will continue to fight for our future, for our life, for our land.”
Despite the Court’s decision and the ongoing operation of gas flares, the Warriors maintain their stance against the government’s interpretation of the original ruling, which allowed Petróleos del Ecuador (Petroamazonas) to postpone flare removal based on the arbitrary 150-meter distance from population centers. This decision disregards evidence indicating harmful effects from gas flares could extend up to 5,000 meters.
Further emphasizing the need for support, there was a call for investigations regarding an assault on 14-year-old Leonela Moncayo, who faced violence for advocating against the harmful impacts of gas flares.
The fight by the Warriors for the Amazon continues as they seek justice and environmental protection for their communities and the broader region.
The dismissal of the extraordinary protection action by the Constitutional Court of Ecuador has intensified the plight of the Warriors for the Amazon and their communities. Despite a prior court ruling favoring their cause, the ambiguities in the language of the ruling have allowed for continued environmental degradation. Activists assert their determination to persist in their struggle against injustice and environmental harm, reinforcing the ongoing urgency for protective actions in the Amazon.
Original Source: amnesty.ca
